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THE 

ORIGIN,  PURPOSE  AND  RESULT 

OP  THB 

HARRISBURG  CONVENTION  OF  1188. 


A 
STUDY  IN  POPULAR  GOVERNMENT 

BY 

PAUL  LEICESTER  FORD. 

"In  our  Government  the  real  power  lies  in  the  majority  of  the  com- 
munity and  the  invasion  of .  .  .  rights  is  chiefly  to  be  apprehended,  not 
from  the  acts  of  Government  contrary  to  the  sense  of  its  constituents,  but 
from  the  acts  in  which  the  Government  is  the  mere  instrument  of  the  major 
number  of  the  constituents. "^Afa 


'PHIVERSITY] 

BROOKLYN,  N.  Y. 
1890. 


2B0  Copies  Printed. 
No.  


1^ 


Y^?^   OF  THE        yr^ 

fuSIVERSITYj 


3^ 


In  spite  of  the  universal  acceptance  of  majority  rule 
as  the  basis  and  inherent  principle  of  all  government 
in  the  United  States,  there  have  been  few  instances  in 
our  history  when  this  power  has  been  able  to  govero 
according  to  its  inclination.  From  the  earliest  period, 
both  our  laws  and  their  administration  have  been  for 
the  most  part  a  series  of  compromises  between  the 
majority  and  the  minority;  and  the  few  attempts  actu- 
ally made  by  the  former  ,to.  goyern  the  latter  with  a 
high  hand,  have  usually  resulted  either  in  a  secession 
of  the  minority  or  in  a  reaction  which  reversed  or 
moderated  the  policy  of  our  plastic  and  changing  ruler. 

No  better  illustration  of  this  forced  concession  of 
the  dominant  party,  to  the  will  of  the  minority,  is  to 
be  found,  than  in  the  history  of  the  ratifications  by  the 
states,  of  our  national  constitution.  The  necessity  for 
union  in  Delaware,  Georgia,  New  Jersey,  and  Connec- 
ticut, was  so  strong  that  practically  there  was  unani- 
mity in  the  conventions  of  those  states.  In  the  states 
of  Massachusetts,  South  Carolina,  New  Hampshire, 
Virginia,  and  New  York,  the  ratifications  were  only 
carried  after  mutual  concessions.     In  the   Maryland 

(3)  convention. 


4 

convention,  though  the  vote  for  adoption  was  over  five 
to  one,  the  majority  so  far  yielded  to  the  wishes  of  the 
minority  as  to  appoint  a  committee  to  prepare  amend- 
ments, and  only  refused  to  carry  out  this  compromise, 
when  an  ulterior  motive  was  discovered.  Thus  in 
Pennsylvania  alone  did  the  Federal  majority  refuse 
concessions  to  the  anti-Federal  minority;  and  the  re- 
sulting action  of  the  minority  is  of  value  as  a  study 
in  popular  government. 

The  interests  of  the  populous  part  of  Pennsylvania 
made  the  state  in  favor  of  federal  union,  and  to  this 
natural  advantage  was  added  the  influence  of  her 
ablest  men,  as  well  as  the  possession  of  a  majority  in 
favor  of  union  in  the  legislature.  This  latter  advan- 
tage enabled  the  Federalist  party  to  act  before  the 
opposition,  whose  strength  lay  in  the  agricultural  and 
western  counties,  could  plan  and  organize  their  resist- 
ance. Yet  in  the  state,  at  least  three  causes  existed 
to  produce  an  obstinate  opposition. 

I.  The  so  called  Constitutional  party,  or  those  who 
favored  the  constitution  under  which  the  state  was 
then  governed,  were  firmly  seated  in  the  council, 
which  was  not  merely  the  state  executive,  but  had 
control  of  all  the  state  patronage.  It  therefore  dreaded 
any  change  which  would  either  risk  its  supremacy, 

or 


5 

or  lessen  the  offices  and  powers  of  the  state  govern- 
ment. 

II.  A  fear  in  the  agricultural  population,  that  a  na- 
tional government  would  not  merely  bring  an  increase 
of  taxation,  but  would,  by  its  power  over  commerce, 
unduly  raise  the  price  of  commodities,  and  favor  the 
merchant  and  trading  classes  who  then  formed  the 
leading  element  of  our  cities,  and  whom  the  rural 
populations  regarded  as  "blood-suckers,"  living  off 
the  farming  interest. 

III.  A  suspicion,  on  the  part  of  the  counties  west 
of  the  Alleghanies,  that  the  treaty  power  of  Congress 
would  be  used  to  bargain  the  navigation  of  the  Mis- 
sissippi for  commercial  privileges  advantageous  to  the 
coast  states;  and  an  equal  fear,  on  the  part  of  certain 
vested  institutions,  that  this  same  power  would  be  em- 
ployed to  take  from  them  and  restore  to  their  original 
owners,  the  properties  declared  forfeited  from  the  loy- 
alists during  the  revolutionary  war.* 

*  It  is  only  fair  to  state  that  Prof.  McMaster  and  Mr.  Stone,  in  their 
admirable  work,  Pennsylvania  and  the  Federal  Constitution,  find  the 
cause  of  this  opposition  in  the  fact  that  "  the  constitution  proposed  for 
the  United  States  was  in  many  ways  the  direct  opposite  of  the  consti- 
tution of  Pennsylvania.  ...  In  opposing  the  new  plan  these  men 
simply  opposed  a  system  of  government  which,  if  adopted,  would  force 

That 


That  this  opposition  took  different  grounds  in  the 
public  discussion,  was  really  a  matter  of  necessity. 
Powerful  though  these  motives  were,  they  were  too 
mercenary  to  publicly  appeal  to  the  people  on.  Ex- 
cept for  the  question  of  taxation,  they  are  not  even 
mentioned  in  the  lengthy  discussions  in  the  legislature 
and  the  convention,  nor  in  the  newspaper  arguments 
with  which  the  press  teemed  for  nearly  a  twelve- 
month. The  lack  of  a  bill  of  rights;  of  a  guarantee 
of  trial  by  jury,  and  liberty  of  the  press;  the  dangers 
arising  from  the  federal  courts;  the  great  expenses  of 
the  proposed  government,  and  the  resulting  heavy 
taxation;  and,  finally,  the  eventual  destruction  of  the 
state  governments,  with  a  consequent  loss  if  not  anni- 
hilation of  personal  liberty — these  were  the  phanta- 
sies with  which  the  "  Antis  "  sought  to  raise  the  people 
against  its  adoption. 

That  this  opposition  came  from  very  different  causes 

them  to  undo  a  piece  of  work  done  with  great  labor  and  beheld  with 
great  pride  and  satisfaction."  But  I  can  see  no  more  necessity  of  their 
undoing  their  state  constitution  than  there  was  for  Georgia,  which  had 
much  the  same  government ;  and  am  convinced  that  so  bitter  and  de- 
termined an  opposition  could  not  have,  in  so  short  a  time,  arisen  on 
such  abstract  questions  as  the  singleness  or  plurality  of  the  legislative 
and  executive  powers. 

than 


7 

than  these  ostensible  ones,  is  proved  by  its  first  orga- 
nization. Before  the  constitution  was  even  made 
public  or  its  clauses  known,  a  meeting  had  been  held 
at  Judge  George  Bryan's,  in  Philadelphia,  to  concert 
measures  of  opposition,  and  the  knowledge  of  this  was 
unquestionably  one  reason  why  the  Federalists  treated 
their  opponents'  reasonings  and  wishes  with  so  little 
regard,  and  adopted  what  a  leading  Anti-federalist 
termed  their  "system  of  precipitancy."* 

The  legislature,  with  its  Federal  majority,  aided  by 
the  citizens  of  Philadelphia,  who  were  even  more 
Federal  in  sentiment,  passed  resolutions  for  an  early 
convention,  without  listening  to  the  protests  of  the 
minority.  As  a  consequence,  the  latter  drew  up  and 
published  an  "  Address,"  and  at  once  began  an  attack 
not  merely  on  the  constitution,  but  a  personal  one  on 
its  framers  and  advocates.  But  they  fought  at  a  dis- 
advantage, for  their  strength,  as  already  stated,  lay  in 
the  western  and  agricultural  counties,  and  communi- 
cation was  too  slow  to  enable  them  to  organize  and 
win  converts  in  the  short  time  given  them  before  the 
elections  for  the  members  of  the  convention. 

As  a  result  of  this  unfairness,  so  the  Anti-federalists 

♦John  Smilie. 

claimed. 


8 

claimed,  only  a  trifle  over  one-sixth  of  those  qualified, 
voted  on  the  candidates  for  the  convention,*  of  whom 
the  Federalists  elected  forty-six  and  the  Antis  twenty- 
three.  When  the  convention  assembled,  therefore,  it 
was  with  the  full  belief  on  the  part  of  the  opposition, 
that  it  did  not  represent  "  the  voice  of  the  people  of 
Pennsylvania,"t  and  they  plead  for  an  adjournment 
which  would  give  time  for  public  opinion  to  declare 
itself  Defeated  in  this,  they  next  adopted  the  tactics 
of  speaking  against  time,  and  practiced  it  so  success- 
fully that  three  of  them  were  accused  of  having  cost 
the  state  one  thousand  pounds  in  discussing  the  words 

*  "  The  election  for  members  of  the  Convention  was  held  at  so  early 
a  period,  and  the  want  of  information  was  so  great,  that  some  of  us  did 
not  know  of  it  until  it  was  over,  and  we  have  reason  to  believe  that 
great  numbers  of  the  people  of  Pennsylvania  have  not  yet  had  an  op- 
porttinity  of  suflSciently  examining  the  proposed  Constitution.  .  .  .  On 
examining  the  number  of  votes  given  for  members  of  the  present  State 
convention,  we  find  that  of  upwards  of  seventy  thousand  freemen  who 
are  entitled  to  vote  in  Pennsylvania,  the  whole  convention  has  been 
elected  by  thirteen  thousand  voters,  and  though  two-thirds  of  the  mem- 
bers of  the  convention  have  thought  proper  to  ratify  the  proposed  Con- 
stitution, yet  these  two-thirds  were  elected  by  the  votes  of  only  six 
thousand  and  eight  hundred  fireemen." — Address  and  Reasons  of 
Dissent  of  the  Minority  of  the  Convention  of  the  State  of  PennsyU 
vania  to  their  Constituents. 

f  John  Smilie. 

"  annihilation  " 


9 

•'  annihilation  "  and  "  consolidation."*  Finally  the  ma- 
jority gave  up  trying  to  placate  them  and  voted  to 
ratify,  even  refusing  to  allow  the  minority  to  enter  a 
protest  on  the  minutes. 

In  another  way,  too,  the  Federalists  increased  the 
bitterness  of  their  opponents.  Of  the  eleven  papers 
then  published  in  the  state,  but  three  were  printed 
outside  of  Philadelphia,  and  they  had  but  limited 
circulation.  On  the  Philadelphia  papers,  therefore, 
were  the  Anti-federalists  compelled  to  depend  for 
the  publication  of  their  views,  but  these  were  not 
only,  with  but  two  exceptions,  under  Federalist  views, 
but  all  found  the  bulk  of  their  readers  in  town,  where 
the  popular  feeling,  as  expressed  by  the  vote,  was 
nearly  eight  to  one  for  the  constitution.  The  Fed- 
eralists, therefore,  by  threats,  by  withdrawing  their 
subscriptions,  and  by  other  methods,  endeavored,  and 
to  a  certain  extent  succeeded,  in  closing  these  papers 
to  the  opposition,  and  secured  the  suppression  of  the 
debates  of  the  convention,  except  what  they  chose 
should  be  printed.  So  also,  by  bribery  of  the  post- 
boys, the  Anti-federal  newspapers  from  other  states 
were  largely  excluded,  and  so  knowledge  of  the 
opposition  elsewhere  kept  from  them. 

*  Pennsylvania  Gazette,  Dec.  19,  1787. 

Refused 


lO 

Refused  all  concessions  by  what  they  deemed  a 
minority,  bound  to  a  government  by  acts  which  they 
claimed  were  "  irregular,"  with  press  and  mail  under 
the  influence  of  their  enemies,  the  so-called  minority 
saw  clearly  that  their  opposition  must  adopt  new 
methods  of  warfare.  The  ratification  by  the  conven- 
tion was  final  so  far  as  regarded  legal  acts ;  but  they 
claimed  that  the  Federalists  had  instituted  what 
amounted  to  a  revolution,  and  so  probably  justified 
their  own  acts  to  themselves,  if  they  even  deemed  jus- 
tification necessary. 

The  convention  dissolved  on  December  13th,  and 
five  days  after,  twenty-one  of  the  twenty-three  mem- 
bers of  the  minority  of  the  convention  united  in  sign- 
ing and  publishing:  An  Address  and  Reasons  of 
Dissent  of  the  Minority  of  the  Convention  of  the  State 
of  Pennsylvania  to  their  Constituents."^  Colored,  if 
not  drafted  by  Richard  Henry  Lee,  of  Virginia,  it 
was  intended  to  present  in  small  compass  all  the  Anti- 
federal  objections  both  to  the  Federal  convention,  the 
constitution,  and  the  Pennsylvania  convention. 

But  the  chief  value  of  this  address  is  not  the  objec- 
tions to  the  constitution,  but  in  the  position  its  publi- 

*  Printed  as  a  broad  sheet,  Dec.  18,  1787. 

cation 


IX 

cation  placed  the  minority — a  position  which  has  been 
most  strangely  overlooked  by  every  historian  who  has 
written  of  the  matter.  The  battle  was  over,  and  ap- 
parently irrevocably  lost,  yet  the  Anti-Federalists 
were  crying  aloud  to  the  people  of  the  state : 

"  It  remains  with  you  whether  you  will  think  those 
inestimable  privileges,  which  you  have  so  ably  con- 
tended for,  should  be  sacrificed  at  the  shrine  of  despot- 
ism, or  whether  you  mean  to  contend  for  them  with 
the  same  spirit  that  has  so  often  baffled  the  attempts 
of  an  aristocratic  faction  to  rivet  the  shackles  of  slavery 
on  you  and  your  unborn  posterity." 

This  amounted  to  a  notice  by  the  "Antis"  that  op- 
position had  not  and  was  not  to  cease.  Yet  any  appeal 
now  to  the  people  could  only  mean  either  an  attempt 
to  secure  a  new  convention,  which  should  reverse  the 
action  of  the  former  one,  with  the  danger  that  the  new 
government  would  not  recognize  such  an  act,  or  an 
opposition  that  threatened  to  take  unconstitutional 
steps  towards  preventing  the  union  of  Pennsylvania 
with  the  other  states  under  the  proposed  system. 

Strangely  enough,  in  spite  of  this  formidable  out- 
look, the  press  of  the  period  remained  absolutely 
silent.  No  warning  note  of  the  new  battle  this 
address  gave  notice  of,  was  sounded  publicly.     But 

that 


12 

that  the  Federalists  quickly  realized  that  an  ill-o^ained 
battle  in  popular  government  must  soon  be  fought 
over  again,  is  shown  by  a  letter  of  Benjamin  Rush,* 
who  but  two  months  earlier  had  been  one  of  the  most 
uncompromising  and  extreme  leaders  for  the  "  system 
of  precipitancy,"  and  which  read  as  follows: 

...  It  is  now  generally  agreed  that  if  we  had  not 
been  so  hasty  in  our  determination,  the  opposition 
would  have  been  less  violent.  Already  the  ill  effects 
are  manifest,  and  a  united  effort  is  to  be  apprehended, 
which  may  give  a  different  character  to  the  proceed- 
ings. The  counties  in  the  western  part  of  the  state 
are  most  to  be  feared,  for  the  Connecticut  claimants 
are  opposed  to  any  government,  and  many  of  the  in- 
habitants fear  so  much  the  action  of  the  new  govern- 
ment concerning  the  subject  most  interesting  to  our 
settlements  on  the  Ohio,  that  they  are  disposed  to  cast 
in  their  lot  with  them.  .  .  . 

But  for  the  season  of  the  year,  which  precluded  or- 
ganization, the  Federalists  would  have  had  more 
cause  for  worry;  but  fortunately  for  them,  the  mail 
could  not  be  trusted,  and  all  other  communication 
was  so  poor  and  uncertain  that  the  frost  must  be  out 
of  the  ground  before  this  opposition  could  more  than 
arrange  its  plans  in  Philadelphia. 

*  To  Hugh  Williamson,  Feb,  16,  1788. 

And 


13 

And  what  were  these  plans  ?  The  sole  light  I  have 
been  able  to  find  on  them,  is  given  in  a  letter*  of 
Judge  George  Bryan,  the  great  head  and  front  of  the 
Anti-Federalists  in  Pennsylvania,  to  George  Clinton, 
Governor  of  New  York.  Calling  first  for  a  united 
opposition  to  the  constitution,  he  then  writes : 

.  .  .  As  soon  as  the  Season  permit,  we  plan  to  hold 
at  some  convenient  point  a  Meeting  of  Delegates  who 
shall  decide  how  far  the  Majority  of  the  People  of  this 
State  are  to  abide  by  the  decision  of  the  violent  and 
tyranus  [sic]  Minority.  Our  action  will  much  depend 
on  the  Complexion  of  the  Acts  of  those  States  which 
we  look  to  to  hold  up  the  Standard  of  Liberty — and 
I  must  beg  that  you  will  write  me,  by  Mr.  Aldis,  who 
returns  to  this  City  shortly,  of  the  probable  action  of 
your  State,  and  that  you  will  keep  me  informed  of 
any  change  in  Sentiment.  .  .  . 

When  this  letter  was  written,  the  snow  lay  on  the 
ground,  and  the  news  of  the  ratification  by  Massachu- 
setts had  not  reached  Philadelphia.  But  four  statesf 
besides  Pennsylvania  had  ratified,  and  none  of  them 
were  important.  It  was  confidently  believed  by  the 
Anti- Federalists  tfiat  Virginia  and  New  York  would 

*Feb.  9,  1788. 

f  Delaware,  New  Jersey,  Georgia  and  Connecticut 

reject 


14 

reject  the  constitution.  With  their  moral  support,  the 
Pennsylvania  Anti-Federalists  clearly  believed  it  still 
possible  to  prevent  her  union  with  the  remaining 
states. 

For  over  four  months  the  project  remained  quiescent, 
so  far  as  I  have  been  able  to  discover.  It  is  true  that 
"Centinel"  and  "  Philadelphiensis  "  *  still  continued  to 
attack  Federal  measures  and  men  through  the  press, 
striving  to  make  both  odious  to  the  people;  but  during 
that  period  nothing  of  the  proposed  convention  is 
discoverable,  unless  the  mention  in  the  hereinafter 
printed  letter  to  the  "Societies  in  Each  County  as 
have  already  been  formed  for  Political  Purposes,"  can 
be  treated  as  such  f — a  delay  as  unaccountable,  as  it 
was  fatal,  to  any  project  involving  what  was  clearly 
wished  for  by  those  who  planned  it.  For  in  that 
period  five  important  states  X  gave  their  consent  to  the 

*  The  letters  of  "  Centinel "  were,  by  his  own  statement,  written  by 
Samuel  Bryan,  son  of  the  George  Bryan  who  figures  so  prominently  in 
this  whole  movement,  and  unquestionably  therefore  represent  his 
father's  views.  Those  signed  "  Philadelphiensis  "  were  written  by 
Benjamin  Workman,  a  tutor  in  the  University  of  Pennsylvania,  one  of 
those  vested  institutions  already  alluded  to. 

f  See  infra,  page  191. 

:j:  Massachusetts,  Maryland,  South  Carolina,  New  Hampshire,  and 
Virginia. 

new 


15 

new  government,  making  its  organization  a  certainty, 
and  a  resistance  to  it  treason. 

Finally,  in  July,  the  work  of  the  "Anti-Federal 
Junto "  in  Philadelphia  first  became  obvious  in  Cum- 
berland county.  One  of  the  central  counties,  it  had 
early  distinguished  itself  by  sending  to  the  Pennsyl- 
vania convention  petitions  signed  by  some  seven  hun- 
dred and  fifty  inhabitants  against  the  constitution;  and 
for  these  two  reasons  was  presumably  selected  by  the 
Philadelphia  workers  for  the  inauguration  of  their 
schemes.  To  various  well  known  Anti-Federalists 
throughout  the  state  a  circular  letter  with  enclosures 
was  sent,  which  read  as  follows: 

East  Pennsborough,  Cumberland, 
July  3,  1788. 
Sir:  That  ten  states  have  already  unexpectedly, 
without  amending,  ratified  the  constitution  proposed 
for  the  government  of  these  United  States,  cannot 
have  escaped  the  notice  of  the  friends  of  liberty.  That 
the  way  is  prepared  for  the  full  organization  of  the 
government,  with  all  its  foreseen  and  consequent  dan- 
gers, is  too  evident,  and  unless  prudent  steps  be  taken 
to  combine  the  friends  to  amendments  in  some  plan  in 
which  they  can  confidently  draw  together,  and  exert 
their  power  in  unison,  the  liberty  of  the  American 
citizens  must  lie  at  the  discretion  of  Congress,  and 

most 


i6 

most  probably  posterity  become  slaves  to  the  officers 
of  government. 

The  means  adopted  and  proposed  by  a  meeting  of 
delegates  from  the  townships  of  this  county  for  pre- 
venting the  alleged  evils,  and  also  the  calamities  of  a 
civil  war,  are,  as  may  be  observed  in  perusing  the  pro- 
ceedings of  the  said  meeting  herewith  transmitted,  to 
request  such  persons  as  shall  be  judged  fit  within  the 
counties  respectively,  to  use  their  influence  to  obtain  a 
meeting  of  delegates  from  each  township,  to  take  into 
consideration  the  necessity  of  amending  the  constitu- 
tion of  these  United  States,  and  for  that  purpose  to 
nominate  and  appoint  a  number  of  delegates  to  repre- 
sent the  county  in  a  general  conference  of  the  counties 
of  this  commonwealth,  to  be  held  at  Harrisburg  on  the 
third  day  of  September  next,  then  and  there  to  devise 
such  amendments,  and  such  mode  of  obtaining  them, 
as  in  the  wisdom  of  the  delegates  shall  be  judged  most 
satisfactory  and  expedient. 

A  law  will,  no  doubt,  be  soon  enacted  by  the  Gen- 
eral Assembly  for  electing  eight  members  to  represent 
this  State  in  the  new  Congress.  It  will,  therefore,  be 
expedient  to  have  proper  persons  put  in  nomination 
by  the  delegates  in  conference,  being  the  most  likely 
method  of  directing  the  voices  of  the  electors  to  the 
same  object  and  of  obtaining  the  desired  end. 

The  Society,  of  which  you  are  chairman,  is  requested 
to  call  a  meeting  agreeable  to  the  foregoing  designs, 
and  lay  before  the  delegates  the  proceedings  of  this 

county, 


17 

county,  to  the  intent  that  the  State  may  unite  in  cast- 
ing off  the  yoke  of  slavery,  and  once  more  establish 
union  and  liberty. 

By  order  of  the  meeting,  I  am,  with  real  esteem,  sir, 
Your  most  obedient  servant, 

BENJAMIN  BLYTH,  Chairman* 


Cumberland  County, 
July  3d,  1788. 
Dr.  Sir  :  You  are  Earnestly  requested  to  call  a  meet- 
ing of  some  of  the  best  informed  men  of  your  County 
from  Each  Township  with  Design  to  consider  of  the 
necessity  of  sending  Delegates  from  the  Countys  to 
Represent  you  in  a  General  Conference  of  the  State  in 
Order  to  conclude  upon  such  Amendments  and  such 
mode  of  Obtaining  them  as  the  Conference  in  their 
wisdom  may  Judge  Proper  the  time  and  place  of  Meet- 
ing is,  as  you  will  see  by  our  Resolutions  the  necessity- 
of  the  measure  need  not  be  urged.  Confiding  in  your 
Friendship  %i  Integrity  we  hope  you  will  Exert  your- 
self for  the  good  of  Mankind. 

BENJ'N  BLYTH,  C  M. 


At  Mr.  James  Bell's . 

In  a  meeting  of  Delegates  from  the  Several  Town- 
ships of  the  Beforesaid  County  Benj'n  Blyth — in  the 
chair,  called  for  the  purpose  of  advising  the  most  eli- 

*  From  Pennsylvania  and  the  Federal  Convention,  p.  552. 

gible 


18 

gible  mode  of  obtaining  such  Amendments  in  the  Con- 
stitution proposed  by  the  General  Convention  for  the 
Government  of  these  United  States  as  may  remove  the 
causes  of  jealousy  and  fear  of  a  Tyranical  Aristocracy, 
the  foundation  of  which  appears  to  be  in  many  parts 
of  the  said  Constitution,  and  Secure  and  hand  Down 
to  Posterity  the  Blessings  of  Dear  bought  Freedom ; 
and  thereby  most  cordially  engage  each  State  and 
Every  Citizen,  not  only  for  wrath  but  Conscience  sake, 
to  aid  and  support  the  officers  of  the  Government  in 
the  due  Executive  thereof;  after  seriously  considering 
the  importance  of  the  subject  and  the  Duty  of  Citi- 
zens ;  have  come  to  the  following  Resolutions,  viz.: 
Resolved,  that  it  is  the  opinion  of  this  meeting  that 
the  Constitution  proposed  by  the  General  Convention 
of  the  United  States  is  in  several  parts  Destructive  of 
that  Liberty  for  which  so  much  blood  and  Treasure 
has  been  spent,  and  Subversion  of  the  Several  State 
Governments  by  which  the  Rights  and  Liberties  of  the 
People  have  been  guarded  and  secured.  That  it  is  the 
Indispensable  Duty  of  Every  Citizen  to  use  all  the 
lawfuU  means  to  obtain  such  Amendments  in  the  said 
Constitution  or  take  such  measures  as  shall  be  neces- 
sary for  the  Security  of  Religion  and  Liberty. — Re- 
solved, that  it  is  the  opinion  of  the  members  of  this 
meeting  that  it  will  be  Expedient  to  Collect  as  Soon 
and  as  Accurately  as  Possible  the  Sentiments  of  the 
Citizens  of  this  State  Touching  such  Amendments  and 
such  mode  of  obtaining  them  as  shall  be  to  the  said 

Citizens 


19 

Citizens  most  agreeable. — Resolved,  that  in  order  to 
effectuate  the  foregoing  Resolutions  that  a  Circular 
Letter  be  written  and  signed  by  the  Chairman,  and 
Addressed  to  such  Societys  in  each  County  as  have 
already  been  formed  for  Political  purposes,  and  to  such 
as  shall  be  formed  in  any  county  where  none  is  yet 
formed,  or  to  such  persons  as  shall  be  judged  fit,  re- 
questing that  measures  be  Taken  to  call  a  meeting  of 
Delegates  from  Each  Township  within  the  respective 
Counties,  to  meet  as  soon  as  conveniently  may  be  and 
take  into  consideration  the  necessity  and  propriety  of 
Amending  the  Constitution  of  the  United  States,  and 
for  that  purpose  to  Appoint  Delegates  to  meet  in  a 
General  Conference  of  the  State  at  Harrisburgh  on  the 
Third  Day  of  September,  1788 — then  and  there  to 
Consider  and  Devise  a  plan  the  most  Likely  to  Suc- 
ceed in  Obtaining  the  desired  Amendment — Resolved 
by  the  meeting,  that  five  members  be  chosen  by  the 
County  Cumberland,  or  three  out  of  the  five  to  repre- 
sent said  County  in  the  Conference  to  be  held  at  Har- 
risburgh the  3d  Day  of  Sept  1788 — the  place  and 
time  aforesaid. 

B.  BLYTH,  C.  M.t 

J  Addressed  and  endorsed  "  John  Nicholson,  Esquire,  Comptroller 
General,  Phila." — Letter  from  Benjamin  Blythe,  Esqr.,  C.  M.,  Rec'd 
Aug.  20th,  1788 — Answered  Aug.  20th."  On  the  blank  sheet  is  writ- 
ten, "  Sir,  you  will  be  punctual  in  laying  these  resolutions  before  y' 
committee  ;  if  there  are  any  such  in  the  city,  and  use  your  endeavors 

The 


20 

The  whole  tone  of  these  papers  shows  how  far  events 
had  modified  the  program  of  those  opposed  to  the  new 
government.  But  this  was  even  further  modified  by 
the  news  that  New  York  had  ratified  the  Constitution, 
which  reached  Pennsylvania  before  the  towns  could  act 
on  the  suggestions  of  this  letter.  Of  their  proceedings 
and  action,  but  one  example  is  left  to  us,  but  was  pre- 
sumably a  fair  sample  of  them  all : 

Newtown,  August  15,  1788. 
Gentlemen : .  The  important  crisis  now  approaching 
(confident  I  am  you  will  think  with  me)  demands  the 
most  serious  attention  of  every  friend  of  American 
liberty.  The  Constitution  of  the  United  States  is  now 
adopted  by  eleven  States  in  the  Union,  and  no  doubt 
the  other  two  will  follow  their  example;  for  however 
just  the  sentiments  of  the  opposition  may  be,  I  do  con- 
ceive it  would  be  the  height  of  madness  and  folly  and 
in  facta  crime  of  very  detrimental  consequence  to  our 
country,  to  refuse  to  acquiesce  in  a  measure  received 
in  form  by  so  great  a  majority  of  our  country;  not 
only  to  ourselves  individually,  but  to  the  community 
at  large — for  the  worst  that  we  can  expect  from  a  bad 
form  of  government  is  anarchy  and  confusion,  with  all 

that  they  comply  with  the  same."  John  Nicholson,  Esq''.  C.  Gen'l. 
From  the  original  Ms,  in  the  possession  of  Mr.  Gordon  L.  Ford,  of 
Brooklyn,  N.  Y. 

its 


21 


its  common  train  of  grievances — and  by  an  opposition 
in  the  present  situation  of  affairs  we  are  sure  of  it. 
On  the  other  hand  by  a  sullen  and  inactive  conduct,  it 
will  give  the  promoters  and  warm  advocators  of  the 
plan  an  opportunity  (if  such  design  they  have)  to 
shackle  us  with  these  manacles,  that  we  fear  may  be 
formed  under  color  of  the  law,  and  we  be  led  to  know 
it  is  constitutional,  when  it  is  too  late  to  extricate  our- 
selves and  posterity  from  bondage. 

To  you  it  is  not  worth  while  to  animadvert  on  the 
plain  and  pointed  tendency  the  constitution  has  to  this 
effect,  and  how  easily  it  may  be  accomplished  in 
power  under  its  influence.  That  virtue  is  not  the 
standard  that  has  principally  animated  the  adoption  of 
the  constitution  in  this  State,  I  believe,  is  too  true. 
Let  us,  therefore,  as  we  wish  to  serve  our  country,  and 
show  the  world  that  those  only  who  have  wished 
amendments  were  truly  federal,  adopt  the  conduct  of 
our  fellow-citizens  in  the  back  counties.  Let  us  as 
freemen,  call  a  meeting  of  those  citizens  who  wish  for 
amendments,  in  a  committee  of  the  county,  delegated 
from  each  township,  for  the  purpose  expressed  in 
a  copy  of  the  (circular)  enclosed.  In  promoting  a 
scheme  of  this  kind,  I  hope  we  shall  not  only  have  the 
satisfaction  of  seeing  the  minds  and  exertions  of  all 
who  wish  for  amendments  centre  in  this  object,  which 
will  swallow  others  more  injurious,  but  we  will  enjoy 
the  supreme  felicity  of  having  assisted  in  snatching 
from  slavery  a  once  happy  and  worthy  people. 

I  therefore 


22 

I  therefore  hope  you  will  undertake  to  call  together 
your  township,  have  delegates  chosen  to  represent 
them  in  a  committee  to  be  held  in  the  house  of  George 
Piper,  on  Monday,  the  2ist  inst,  at  nine  o'clock  in  the 
forenoon,  for  the  purpose  of  appointing  delegates  to 
represent  them  in  the  State  conference,  and  for  giving 
them  instructions,  etc. 

If  you  should  apprehend  the  people  will  not  call  a 
town-meeting  for  the  purpose,  that  you  will,  as  we  in- 
tend here,  write  or  call  upon  a  few  of  the  most  respect- 
able people  of  your  township  to  attend  at  the  general 
meeting,  as  they  intend  to  do  at  Philadelphia,  if  they 
cannot  accomplish  their  purpose  in  any  other  way. 

Your  usual  public  spirit  on  occasions  of  this  kind,  I 
am  sure,  needs  no  spur.  We  shall  therefore  rest  as- 
sured that  we  will  meet  a  representation  of  the  town- 
ship committed  to  your  charge  on  the  day  appointed. 

I  am  with  every  sentiment  of  esteem, 
(Signed.)  Yours  etc., 

JAMES  HANNA. 

To  John  Vandegrift,  Esq.,  Captain  Nathan  Vansant, 
and  Mr.  Jacob  Vandegrift.     Bensalem.  * 


Bucks  County,  State  of  Pennsylvania,  August  25,  ijSS. 
The  ratification  of  the  federal  constitution  and  its 
expected  operation,   forming  a  new  aera  in  the  Amer- 
ican world,  and  giving  cause  of  hope  to  some  and  fear 

*  From  Pennsylvania  and  the  Federal  Constitution,  p.  553. 

to 


23 

to  others ;  it  has  been  thought  proper  that  the  freemen 
of  the  State,  or  delegates  chosen  by  them,  should  meet 
together  and  deliberate  on  the  subject.  Accordingly 
it  has  been  proposed,  that  a  meeting  of  deputies  from 
the  different  counties  be  held  at  Harrisburg  the  3d  day 
of  September  next.  A  circular  letter  bearing  the 
above  proposition  was  sent  to  this  county,  and  in  pur- 
suance thereof,  there  met  this  day  at  Piper's  tavern,  in 
Bedminster  township,  the  following  gentlemen  from 
the  townships  annexed  to  their  names  respectively : 


Newtown^ 

James  Hanna,  Esquire. 

Warwick, 

John  Crawford, 

Hugh  Ramsay, 

Capt.  William  Walker, 

Benjamin  Snodgrass, 

Samuel  Flack. 

Newbritain, 

James  Snodgrass, 

Thomas  Stewart, 

David  Thomas. 

Bedminster, 

Jacob  Utt, 

Alexander  Hughes, 

George  Piper, 

Daniel  Soliday. 

Haycock, 

Capt.  Manus  Yost, 

John  Keller. 

Rockhilly 

Samuel  Smith,  Esquire. 

Millford, 

Henry  Blilaz, 

Henry  Hoover. 

Springfield, 

24 


Springfield, 

Durham, 
Ttinicuin, 


Nockamixon, 

Richland, 
Plumstead, 


Warrington, 

Buckingham, 

Solesbury, 

Hilltown, 


Colonel  John  Smith, 
Charles  Fleming. 
Richard  Backhouse,  Esquire. 
John  Thompson, 
Jacob  Weaver, 
George  Bennet. 
Samuel  Willson, 
George  Vogle. 
Benjamin  Seagle. 
Thomas  Wright, 
Thomas  Gibson, 
James  Ruckman, 
Major  John  Shaw, 
James  Farres, 
Thomas  Henry, 
Moses  Kelly, 
Henry  Geddis. 
Rev.  Nathaniel  Erwin, 
Captain  William  Walker. 
Captain  Samuel  Smith. 
Henry  Seabring. 
Joseph  Grier. 


Samuel  Smith,  Esq.,  chosen  Chairman,  and  James 
Hanna,  Esq.,  Secretary.  After  some  time  spent  in 
discussing  the  business  of  the  meeting,  Resolved,  that 
the  Reverend  Nathaniel  Erwin,  Richard  Backhouse, 
Samuel  Smith,  John  Crawford,  and  James  Hanna, 
Esquires,  be  a  committee  to  draw  resolves  expressive 

of 


25 

of  the  sense  of  this  meeting  on  the  subject  before 
them. 

In  a  short  time  thereafter  the  following  were  pre- 
sented by  the  gentlemen  appointed,  and  unanimously 
approved : 

Resolved  i.  That  it  is  the  opinion  of  this  meeting 
that  the  plan  of  government  for  the  United  States, 
formed  by  the  general  convention,  having  been  adopted 
by  eleven  of  the  States,  ought  in  conformity  to  the  re- 
solves of  said  convention,  to  come  into  operation,  and 
have  force  until  altered  in  a  constitutional  way. 

2.  That  as  we  mean  to  act  the  part  of  peaceable  cit- 
izens ourselves,  so  we  will  support  the  said  plan  of 
government  and  those  who  act  under  it,  against  all 
illegal  violence. 

3.  That  the  said  plan  of  government  will  admit  of 
very  considerable  amendments,  which  ought  to  be 
made  in  the  mode  pointed  out  in  the  constitution 
itself. 

4.  That  as  few  governments  once  established  have 
ever  been  altered  in  favor  of  liberty,  without  confusion 
and  bloodshed,  the  requisite  amendments  in  said  con- 
stitution ought  to  be  attempted  as  soon  as  possible. 

5.  That  we  will  use  our  utmost  endeavours  in  a 
pacific  way  to  procure  such  alterations  in  the  fed- 
eral constitution  as  may  be  necessary  to  secure  the 
rights  and  liberties  of  ourselves  and  posterity. 

6.  That  we  approve  of  a  state  meeting  being  held  at 
Harrisburg  the  third  day  of  September  next,  on  the 
subject  of  the  above  resolves. 

7.  That 


V       OP  THR 


UKI7BIISIT7) 


26 

7-  That  four  persons  ought  to  be  delegated  from 
this  county  to  attend  said  meeting,  and  join  with  the 
deputies  from  other  counties  who  may  meet  with  them 
(in  a  recommendation  to  the  citizens  of  this  state)  of  a 
suitable  set  of  men  to  represent  them  in  the  new  Con- 
gress, and  generally  to  acquiesce  and  assist  in  the  pro- 
motion of  such  plan  or  plans  as  may  be  designed  by 
the  said  state  conferrees  for  the  purpose  of  obtaining 
the  necessary  amendments  of  said  constitution,  as  far 
as  is  consistent  with  our  views,  expressed  in  the  fore- 
going resolves. 

Agreeably  to  the  resolve  last  past,  the  Reverend 
Nathaniel  Erwin,  Richard  Backhouse,  John  Crawford, 
and  James  Hanna,  esquires,  or  any  two  of  them,  were 
appointed  to  represent  us  in  said  conference  to  be  held 
at  Harrisburg. 

Resolved,  That  James  Hanna,  Esquire,  be  requested 
to  hand  the  foregoing  proceedings  to  the  Press  for 
publication 

SAMUEL  SMITH,  Chairman.* 

But  if  a  moderate  tone  was  assumed  in  public 
towards  the  new  government,  the  extremists  were  still 
not  entirely  without  hope  that  the  coming  convention 
might  refuse  to  "  acquiesce  in  its  organization  in  this 
State."  Foremost  among  these  was  Albert  Gallatin, 
then  under  thirty  years  of  age,  and,  presumably  elected 

*  Independent  Gazetteer,  Sept.  3,  1788,  VII.  No  851. 

to 


37 

to  represent  the  county  of  Fayette, — one  of  those  which 
so  feared  the  future  action  of  Congress  on  the  Missis- 
sippi question  that  they  were  "disposed  to  cast  in  their 
lot "  with  the  inhabitants  of  the  future  states  of  Ken- 
tucky and  Tennessee,  which  were  now  loudly  talking 
of  independence.  He  brought  with  him  to  the  conven- 
tion, or  wrote  after  his  arrival,  a  series  of  resolutions 
which  are  of  the  utmost  value,  in  the  dearth  of  material 
on  this  convention,  as  showing  with  what  feelings  indi- 
vidual members  viewed  the  proposed  meeting,  and 
what  their  intentions  were  before,  or  shortly  after 
their  arrival : 

.  .  .  We,  &c.,  .  .  .  are  united  in  opinion  that 
a  federal  government  is  the  only  one  that  can  pre- 
serve the  liberties  and  secure  the  happiness  of  the  in- 
habitants of  such  an  extensive  empire  as  the  United 
States;  and  experience  having  taught  us  that  the  ties 
of  our  Union,  under  the  Articles  of  Confederation, 
were  so  weak  as  to  deprive  us  of  some  of  the  greatest 
advantages  we  had  a  right  to  expect  from  such  a 
government,  therefore  are  fully  convinced  that  a  more 
efficient  one  is  absolutely  necessary.  But  at  the  same 
time  we  must  declare  that  although  the  constitution 
proposed  for  the  United  States  is  likely  to  obviate 
most  of  the  inconveniences  we  labored  under,  yet 
several  parts  of  it  appear  so  exceptionable  to  us  that 
nothing   but  the   fullest   confidence   of   obtaining   a 

revision 


28 

revision  of  them  by  a  general  convention  and  our 
reluctance  to  enter  into  any  dangerous  measures 
could  prevail  on  us  to  acquiesce  in  its  organization  in 
this  State.  We  are  sensible  that  a  large  number  of 
the  citizens,  both  in  this  and  other  States,  who  gave 
their  assent  to  its  being  carried  in  execution  previous 
to  any  amendments,  were  actuated  more  by  the  fear 
of  the  dangers  that  might  arise  from  any  delays  than 
by  a  conviction  of  its  being  perfect.  We  therefore  are 
convinced  that  they  now  will  concur  with  us  in  pursu- 
ing every  peaceable  method  of  obtaining  a  speedy  re- 
vision of  the  Constitution  in  the  mode  pointed  out  by 
the  same,  and  when  we  reflect  on  the  present  situation 
of  the  Union  we  can  entertain  no  doubt  that  motives 
of  conciliation  and  the  dictates  of  policy  and  prudence 
will  conspire  to  induce  every  man  of  true  federal  prin- 
ciples to  give  his  support  to  a  measure  not  only  cal- 
culated to  recommend  the  new  constitution  to  the 
approbation  and  support  of  a  numerous  class  of 
American  citizens,  but  even  necessary  to  prevent  the 
total  defection  of  some  members  of  the  Union. 
Strongly  impressed  with  these  sentiments,  we  have 
resolved  as  follows : 

1.  Resolved,  That  in  order  to  prevent  a  dissolution 
of  the  Union  and  to  secure  our  liberties  and  those  of 
our  posterity,  it  is  necessary  that  a  revision  of  the 
Federal  Constitution  be  obtained  in  the  most  speedy 
manner. 

2.  That  the  safest  manner  to  obtain  such  a  revision 

will 


29 

will  be  in  conformity  to  the  request  of  the  State  of 
New  York,  to  use  our  endeavors  to  have  a  federal 
convention  called  as  soon  as  possible. 

3.  That  in  order  that  the  friends  to  amendments  of 
the  Federal  Constitution  who  are  inhabitants  of  this 
State  may  act  in  concert,  it  is  necessary,  and  it  is 
hereby  recommended  to  the  several  counties  in  the 
State,  to  appoint  committees  who  may  correspond,  one 
with  the  other,  and  with  such  similar  committees  as 
may  be  formed  in  other  States. 

4.  That  the  friends  to  amendments  of  the  Federal 
Constitution  in  the  several  States  be  invited  to  meet  in 
a  general  Conference  to  be  held  at  ,  on  ,  and  that 
members  be  elected  by  this  conference,  who  or  any 
of  them  shall  meet  at  said  place  and  time,  in  order  to 
devise,  in  concert  with  such  other  delegates  from  the 
several  States  as  may  come  under  similar  appoint- 
ments, on  such  amendments  to  the  Federal  Constitu- 
tion as  to  them  may  seem  most  necessary,  and  on  the 
most  likely  way  to  carry  them  into  effect.* 

Of  the  proceedings  of  the  Convention,  nothing  is 
known  except  what  they  chose  to  print  in  the  newspa- 
pers. But  the  time  had  passed  when  even  Gallatin's 
resolutions  could  obtain  acceptance.  "  Recommenda- 
tion "  and  "  petition,"  not  "  decision  "  and   "  action," 

*  Henry  Adams'  Writings  0/  Albert  Gallatin,  I,  I.  They  are  also 
printed  without  the  very  important  preamble  in  Pennsylvania  and  the 
Federal  Constitution. 

were 


30 

were  the  only  methods  left  them,  and  their  proceedings 
read  so  tamely  as  to  induce  all  former  historians  to 
pass  them  over  in  a  mere  paragraph  : — 

Harrisburgh,  Dauphin  County, 
State  of  Pennsylvania, 
September  ^d,  iy88. 
Agreeably  to  a  circular  letter  which  originated  in 
the  county  of  Cumberland,  inviting  to  a  conference 
such  of  the  citizens  of  this  State,  who  conceive  that  a 
revision  of  the  federal  system,  lately  proposed  for  the 
government  of  these  United   States,  is  necessary ;  a 
number  of  gentlemen  from  the  city  of  Philadelphia 
and  the  counties  of  Philadelphia,  Bucks,  Chester,  Lan- 
caster, Cumberland,  Berks,  Northumberland,  Bedford, 
Fayette,  Washington,  Franklin,  Dauphin  and  Hunt- 
ingdon, assembled  at  this  place  for  the  said  purpose, 
viz. 

Hon.  George  Bryan,  Esq.,    William  Petriken, 

Charles  Pettit,  Jonathan  Hoge, 

Blair  M'Clenachan,  John  Bishop, 

Richard  Backhouse,  Daniel  Montgomery, 

James  Hanna,  John  Lytle, 

Joseph  Gardner,  John  Dickey, 

James  Mercer,  Honorable  John  Smiley, 

Benjamin  Blyth,  Albert  Gallatin, 


Robert  Whitehill,  James  Marshall, 

John  Jordan,  Benjamin  Elliott, 


William 


31 

William  Sterrett,  Richard  Baird, 

William  Rodgers,  James  Crooks, 

Adam  Orth,  John  A.  Hanna, 

John  Rodgers,  Daniel  Bradley, 

Thomas  Murray,  Robert  Smith, 

Robert  M'Kean,  James  Anderson, 
John  Kean. 

Blair  M'Clenachan,*  Esq.,  was  unanimously  elected 
Chairman,  and  John  A.  Hanna,  Esq.,  Secretary. 

After  free  discussion  and  mature  deliberation  had 
upon  the  subject  before  them,  the  following  resolutions 
and  propositions  were  adopted  : 

The  ratification  of  the  Federal  Constitution  having 
formed  a  new  era  in  the  American  world,  highly  in- 
teresting to  all  the  citizens  of  the  United  States,  it  is 
not  less  the  duty  than  the  privilege  of  every  citizen,  to 
examine  with  attention  the  principles  and  probable 
effects  of  a  system,  on  which  the  happiness  or  misery 
of  the  present  as  well  as  future  generations,  so  much 
depend.  In  the  course  of  such  examination  many 
of  the  good  citizens  of  the  State  of  Pennsylvania  have 
found  their  apprehensions  excited  that  the  constitu- 
tion in  its  present  form  contains  in  it  some  principles 
which  may  be  perverted  to  purposes  injurious  to  the 
rights  of  free  citizens,  and  some  ambiguities  which  may 
probably  lead  to  contentions  incompatible  with  order 

*  In  A.  Boyd  Hamilton's  Harris bur^  Conference  it  is  stated  that 
"  the  first  proposition  was  to  make  Bryan  the  presiding  officer." 

and 


32 

and  good  government :  in  order  to  remedy  these  in- 
conveniences, and  to  avert  the  apprehended  dangers, 
it  has  been  thought  expedient  that  delegates,  chosen 
by  those  who  wish  for  early  amendments  in  the  said 
Constitution,  should  meet  together  for  the  purpose  of 
deliberating  on  the  subject,  and  uniting  in  some  con- 
stitutional plan  for  obtaining  the  amendments  which 
they  may  deem  necessary. 

We  the  conferees  assembled,  for  the  purpose  afore- 
said, agree  in  opinion  : 

That  a  federal  government  only  can  preserve  the 
liberties  and  secure  the  happiness  of  the  inhabitants  of 
a  country  so  extensive  as  these  United  States ;  and 
experience  having  taught  us  that  the  ties  of  our  union, 
under  the  articles  of  confederation,  were  so  weak  as  to 
deprive  us  of  some  of  the  greatest  advantges  we  had  a 
right  to  expect  from  it.  We  are  fully  convinced  that  a 
more  efficient  government  is  indispensably  necessary; 
but  although  the  Constitution  proposed  for  the  United 
States  is  likely  to  obviate  most  of  the  inconveniences 
we  labored  under ;  yet  several  parts  of  it  appear  so 
exceptionable  to  us,  that  we  are  clearly  of  opinion  con- 
siderable amendments  are  essentially  necessary :  In  full 
confidence,  however,  of  obtaining  a  revision  of  such 
exceptionable  parts  by  a  General  Convention,  and  from 
a  desire  to  harmonize  with  our  fellow  citizens,  we  are 
induced  to  acquiesce  in  the  organization  of  the  said 
Constitution. 

We  are  sensible  that  a  large  number  of  the  citizens 

both 


33 

both  in  this  and  the  other  States,  who  gave  their  assent 
to  its  being  carried  into  execution,  previous  to  any 
amendments,  were  actuated  more  by  the  fear  of  the 
dangers  that  might  arise  from  delays,  than  by  a  con- 
viction of  its  being  perfect ;  we  therefore  hope  they 
will  concur  with  us  in  pursuing  every  peaceable 
method  of  obtaining  a  speedy  revision  of  the  Constitu- 
tion in  the  mode  therein  provided ;  and  when  we  reflect 
on  the  present  circumstances  of  the  union,  we  can  en- 
tertain no  doubt  that  motives  of  conciliation,  and  the 
dictates  of  policy  and  prudence,  will  conspire  to  induce 
every  man  of  true  federal  principles,  to  give  his  sup- 
port to  a  measure  which  is  not  only  calculated  to  re- 
commend the  new  Constitution  to  the  approbation  and 
support  of  every  class  of  citizens,  but  even  necessary 
to  prevent  the  total  defection  of  some  members  of  the 
union. 

Strongly  impressed  with  these  sentiments,  we  have 
agreed  to  the  following  resolutions : 

1.  Resolved,  That  it  be  recommended  to  the  people 
of  this  State  to  acquiesce  in  the  organization  of  the  said 
government ;  but  although  we  thus  accord  in  its  organ- 
ization, we  by  no  means  lose  sight  of  the  grand  object 
of  obtaining  very  considerable  amendments  and  alter- 
ations, which  we  consider  essential  to  preserve  the 
peace  and  harmony  of  the  union,  and  those  invaluable 
privileges  for  which  so  much  blood  and  treasure  have 
been  recently  expended. 

2.  Resolved,  That  it  is  necessary  to  obtain  a  speedy 
revision  of  said  Constitution  by  a  general  convention. 

3.  Resolved, 


34 

3-  Resolved,  That  in  order  to  effect  this  desirable 
end,  a  petition  be  presented  to  the  Legislature  of  this 
State,  requesting  that  honorable  body  to  take  the  ear- 
liest opportunity  to  make  application  for  that  purpose 
to  the  new  Congress. 

The  petition  proposed  is  as  follows : 

To  the  Honorable  the  Representatives  of  the  Freemen 
of  the  Commonwealth  of  Pennsylvania,  in  General 
Assembly  met. 

The  Petition  and  Representation  of  the  Subscribers, 
Humbly  Shew, 

That  your  petitioners  possess  sentiments  completely 
federal :  being  convinced  that  a  confederacy  of  repub- 
lican States,  and  no  other,  can  secure  political  liberty, 
happiness  and  safety  throughout  a  territory  so  extended 
as  the  United  States  of  America.  They  are  well  ap- 
prised of  the  necessity  of  devolving  extensive  powers 
to  Congress,  and  of  vesting  the  Supreme  Legislature 
with  every  power  and  resource  of  a  general  nature ; 
and  consequently  they  acquiesce  in  the  general  system 
of  government  framed  by  the  late  federal  convention  ; 
in  full  confidence,  however,  that  the  same  will  be  re- 
vised without  delay :  For  however  worthy  of  approba- 
tion the  general  principles  and  outlines  of  the  said 
system  may  be,  your  petitioners  conceive  that  amend- 
ments in  some  parts  of  the  plan  are  essential,  not  only 
to  the  preservation  of  such  rights  and  privileges  as 
ought  to  be  reserved   in  the  respective  states,  and    in 

the 


35 

the  citizens  thereof,  but  to  the  fair  and  unembarassed 
operation  of  the  government  in  its  various  depart- 
ments. And  as  provision  is  made  in  the  constitution 
itself  for  the  making  of  such  amendments  as  may  be 
deemed  necessary ;  and  your  petitioners  are  desirous 
of  obtaining  the  amendments  which  occur  to  them  as 
more  immediately  desirable  and  necessary,  in  the 
mode  admitted  by  such  provision, 

They  pray  that  your  honorable  House,  as  the  Rep- 
resentatives of  the  people  in  this  Commonwealth,  will, 
in  the  course  of  your  present  session,  take  such 
measures  as  you  in  your  wisdom  shall  deem  most 
effectual  and  proper  to  obtain  a  revision  and  amend- 
ment of  the  constitution  of  the  United  States,  in  such 
parts  and  in  such  manner  as  have  been  or  shall  be 
pointed  out  by  the  conventions  or  assemblies  of  the 
respective  states ;  and  that  such  revision  be  by  a 
general  convention  of  representatives  from  the  several 
states  in  the  Union. 

Your  petitioners  consider  the  amendments  pointed 
out  in  the  propositions  hereto  subjoined  as  essentially 
necessary,  and  as  such  they  suggest  them  to  your 
notice,  submitting  to  your  wisdom  the  order  in  which 
they  shall  be  presented  to  the  consideration  of  the 
United  States. 

The  Amendments  proposed  are  as  follow, — viz. 

I.  That  Congress  shall  not  exercise  any  power 
whatsoever,  but  such  as  are  expressly  given  to  that 
body  by  the  constitution  of  the  United  States;  nor 

shall 


shall  any  authority,  power  or  jurisdiction,  be  assumed 
or  exercised  by  the  executive  or  judiciaiy  departments 
of  the  union  under  colour  or  pretence  of  construction 
or  fiction:  But  all  the  rights  of  sovereignty,  which 
are  not  by  the  said  constitution  expressly  and  plainly 
vested  in  the  Congress,  shall  be  "deemed  to  remain 
with,  and  shall  be  exercised  by  the  several  states  in 
union  according  to  their  respective  constitutions: 
And  that  every  reserve  of  the  rights  of  individuals, 
made  by  the  several  constitutions  of  the  states  in 
union  to  the  citizens  and  inhabitants  of  each  state 
respectively,  shall  remain  inviolate,  except  so  far  as 
they  are  expressly  and  manifestly  yielded  or  narrowed 
by  the  national  constitution. 

Article  i.     Section  2.     Paragraph  3. 

II.  That  the  number  of  representatives  be  for  the 
present,  one  for  every  twenty  thousand  inhabitants 
according  to  the  present  estimated  numbers  in  the 
several  states,  and  continue  in  that  proportion  until 
the  whole  number  of  representatives  shall  amount  to 
two  hundred;  and  then  to  be  so  proportioned  and 
modified  as  not  to  exceed  that  number  till  the  pro- 
portion of  one  representative  for  every  thirty  thousand 
inhabitants,  shall  amount  to  the  said  number  of  two 
hundred. 

Section  3. 

III.  That  senators,  though  chosen  for  six  years, 
shall  be  liable  to  be  recalled,  or  superseded  by  other 

appointments. 


37 

appointments,  by  the  respective  Legislatures  of  the 
states  at  any  time. 

Section  4. 

IV.  The  Congress  shall  not  have  power  to  make  or 
alter  regulations  concerning  the  time,  place  and  man- 
ner of  electing  senators  and  representatives,  except  in 
case  of  neglect  or  refusal  by  the  state  to  make  regu- 
lations for  the  purpose:  and  then  only  for  such  time 
as  such  neglect  or  refusal  shall  continue. 

Section  8, 

V.  That  when  Congress  shall  require  supplies, 
which  are  to  be  raised  by  direct  taxes,  they  shall 
demand  from  the  several  states  their  respective  quotas 
thereof,  giving  a  reasonable  time  to  each  state  to  pro- 
cure and  pay  the  same;  and  if  any  state  shall  refuse, 
neglect  or  omit  to  raise  and  pay  the  same  within  such 
limited  time,  then  Congress  shall  have  power  to  assess, 
levy  and  collect  the  quota  of  such  state,  together  with 
interest  for  the  same  from  the  time  of  such  delin- 
quency, upon  the  inhabitants  and  estates  therein,  in 
such  manner  as  they  shall  by  law  direct,  provided  that 
no  poll-tax  be  imposed. 

Section  8. 

VI.  That  no  standing  army  of  regular  troops  shall 
be  raised  or  kept  up  in  time  of  peace,  without  the  con- 
sent of  two-thirds  of  both  Houses  in  Congress. 

Section  8. 

VII.  That  the  clause  respecting  the  exclusive  legis- 

lation 


38 

lation  over  a  district  not  exceeding  ten  miles  square 
be  qualified  by  a  proviso  that  such  right  of  legislation 
extend  only  to  such  regulations  as  respect  the  police 
and  good  order  thereof. 

Article  i.     Section  8. 

VIII.  That  each  State  respectively  shall  have  power 
to  provide  for  organizing,  arming  and  disciplining  the 
militia  thereof,  whensoever  Congress  shall  omit  or 
neglect  to  provide  for  the  same.  That  the  militia 
shall  not  be  subject  to  martial  law,  but  when  in  actual 
service  in  time  of  war,  invasion  or  rebellion ;  and  when 
not  in  the  actual  service  of  the  United  States,  shall  be 
subject  to  such  fines,  penalties,  and  punishments  only, 
as  shall  be  directed  or  inflicted  by  the  laws  of  its  own 
state:  nor  shall  the  militia  of  any  state  be  continued 
in  actual  service  longer  than  two  months  under  any 
call  of  Congress,  without  the  consent  of  the  Legislature 
of  such  state,  or,  in  their  recess,  the  Executive  Au- 
thority thereof. 

Section  9. 

IX.  That  the  clause  respecting  vessels  bound  to  or 
from  any  one  of  the  states,  be  explained. 

Article  3.     Section  i. 

X.  That  Congress  establish  no  court  other  than  the 
supreme  court,  except  such  as  shall  be  necessary  for 
determining  causes  of  admiralty  jurisdiction. 

Section  2.     Paragraph  2. 
XL  That   a   proviso   be  added   at  the  end  of  the 

second 


39 

second  clause  of  the  second  section  of  the  third  article, 
to  the  following  effect,  viz.  Provided,  That  such  ap- 
pellate jurisdiction,  in  all  cases  of  common  law  cog- 
nizance, be  by  Writ  of  Error,  and  confined  to  Matters 
of  Law  only ;  and  that  no  such  writ  of  error  shall  be 
admitted  except  in  revenue  cases,  unless  the  matter  in 
controversy  exceed  the  value  of  three  thousand  dollars. 
Article  6.     Paragraph  2. 

XII.  That  to  article  6,  clause  2,  be  added  the  fol- 
lowing proviso,  viz.  Provided  always.  That  no  treaty 
which  shall  hereafter  be  made,  shall  be  deemed  or 
construed  to  alter  or  affect  any  law  of  the  United 
States,  or  any  particular  state,  until  such  treaty  shall 
have  been  laid  before  and  assented  to  by  the  House  of 
Representatives  in  Congress. 

Resolved,  That  the  foregoing  proceedings  be  com- 
mitted to  the  Chairman  for  publication. 

BLAIR  M'CLENACHAN,  Chairman. 

Attest.  JOHN  A.  HANNA,  Secretary.* 
.  That  this  convention,  gathered  from  the  long  dis- 
tances and  over  the  bad  roads  traveled  by  the  mem- 
bers, only  to  prepare  a  Petition  that  they  never  even 
presented  to  the  Assembly.f  or  to  only  sound  an  echo 
to  the  recommendations  of  the  convention  of  New 
York,  is  hardly  to  be  believed.     After  the  danger  was 

♦From  The  Independent  Gazetteer,  Sept.  15,  1788,  VIII,  No.  861. 
f  In  neither  the  proceedings  of  the  Pennsylvania  Assembly  or  Coun- 
cil is  there  the  slightest  reference  to  this  petition. 

over, 


40 

over,  the  Federalists  spoke  of  it  as  "  the  smuggling 
business  which  took  place  at  Harrisburg  with  the  os- 
tensible purpose  of  procuring  amendments  to  the  con- 
stitution, but  in  fact  to  form  a  ticket  for  representatives 
to  Congress,"  *  but  they  dared  no  such  sneer  before  • 
the  convention  had  separated.  For  what  it  gathered 
I  have  endeavored  to  show.  "  The  meeting  at  Harris- 
burg is  represented  by  its  friends  as  having  been  con- 
ducted with  much  harmony  and  moderation,"  wrote 
Madison,  f  But  for  the  bad  roads  and  snows  of  that 
winter  of  1787-88,  could  this  have  been  written?  All 
who  have  studied  our  constitutional  history  during 
this  period  must  realize  by  what  light  balances  the 
deciding  states  were  induced  to  ratify,  and  what  violent 
resistance  to  the  new  government  in  Pennsylvania 
would  have  involved.  That  we  escaped  such  a  danger 
is  due  to  neither  the  moderation  of  the  majority  or 
minority  of  that  State.  But  compromise,  both  before 
and  after  the  organization  of  the  government,  over- 
came the  dangerous  hostility  to  it  in  other  States,  and 
by  reflex  action  the  opposition  in  Pennsylvania  was 
disarmed,  and  she  remained  the  keystone  State  of  our 
national  arch. 

*  Federalist  Circular,  Nov.,  1788,  as  quoted  in  A.  Boyd  Hamilton's^ 

Harrisburg  Conference.  ''• 

f  Writings,  1,417. 

'^■^   OP  THR    ^ 

[UHI7BESIT7] 


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